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1987-06-17 ?J1<i QUEENSBURY ZONING BOARD OF APPEALS -- Regular Meeting Held: Wednesday, June 17, 1987 at 7:30 p.m. Present: Theodore Turner, Chairman Michael Muller Daniel S. Griffin Charles O. Sicard Susan Goetz, Secretary Gustave Behr Jeffrey L. Kelley Mack A. Dean, Building and Codes Enforcement Officer R. Case Prime, Counsel Robert Eddy, Sign Enforcement Officer Susan E. Davidsen, Planning and Zoning Department The meeting was called to order at 7:35 p.m. Corrections to the May 20, 1987 minutes were made as follows: page 3, 3rd paragraph, should be June '87 not July '87. page 6, 4th paragraph, should be ...set back 28 ft. from ~ land, not out land. page 7, Keith Harris's attorney is John Ray. page 8, 4th paragraph, John Ray, neighbor, should be John Ray, Harris's attorney. page 8, 3rd paragraph from the bottom, second line. "There is a problem with fist lot on the....", should be: "There is no problem with the first lot on the..." page 9, 3rd paragraph. Mr. Behr questioned the exact placement of the (insert the word existing) slab. page 11, 2nd paragraph, 5th line down ...be higher than a 10 foot minimum, should be maximum. Mr. Behr MOVED acceptance of the minutes as corrected. Mrs. Goetz seconded. Passed Unanimously. Mr. Turner stated that Use Variance No. 1234, Don E. Gauger, Area Variance No. 1235, Keith W. Coe, Sign Variance No. 1253, AlIens Arts and Crafts, Area Variance No. 1262, Anne M. Parrott were tabled at the request of the applicants until the July meeting. Use Variance No. 1263, Alan E. Mecure was withdrawn by the applicant. NEW BUSINESS 1 3/1 '- AREA VARIANCE NO. 1256 Thomas L. Clary Mrs. Goetz read the application for a single family dwelling suitable for year round living on the property situated at Reardon Road on Glen Lake in a Single Family Residential 30 zone. Recent use of the property was a camp. In August of 1986 a variance was granted to build said addition and the applicant assumed it was to include both north and south side setbacks. Only the north side was addressed. - Mrs. Clary represented herself. She said a year ago they were granted a variance for the north side of the property. The lot is pie shaped which poses a problem. Mrs. Clary stated she was asking for a 10 foot setback because of the chimney. Mr. Behr asked what the Clary's access was to the property. He said he understood that their driveway does not go directly to the road. Mrs. Clary said she goes on her property and then onto the Olson's property and back onto hers to get to the road. Mr. Behr asked if Mrs. Clary had a deeded right of way. Mrs. Clary said they do not and neither do the Olson's to go onto their property. She said that the only deeded right of way is Reardon Road; per her lawyer. Mr. Behr brought up the issue regarding the septic system. He was concerned that it be situated far enough away from the Olson's well. Mrs. Clary said the septic system is just behind the existing building; to the north. Mr. Turner raised the question of having the septic system 100 feet from the Olson's well. Mrs. Clary said the septic system is below the Olson's well. Public Hearing Opened: Irene Olson, neighbor, said she wasn't opposed but stated that she has lived there for 25 years. Her concern was that the driveway has never been mentioned. Mr. Warner, neighbor, spoke in regards to the septic system on the Clary's property. He said he has a well there too. He was concerned about the distance between his well and the Clary's septic system. Public Hearing Closed. Mr. Griffin MOVED APPROVAL of Area Variance No. 1256, Thomas L. Clary. The applicant has demonstrated practical difficulty in that the lot is triangular shaped. The applicant is asking for a~foot setback on the south side. Proper distances between wells and septic systems on both'sides will apply. Mr. Sicard seconded. Passed Unanimously. '-. AREA VARIANCE NO. 1257 2 j~Ò Leo Danahy '-' Mrs. Goetz read the application to construct an addition of a 1% car garage and breezeway. The garage is to be built within 6 feet of the left side setback in lieu of the required 10 feet on the property situated at 9 Greenway North in an Urban Residential 5 zone. Daniel Danahy represent his parents. Mrs. Goetz stated she could see a need for a house but not for a breezeway. Mr. Kellev ~as concerne,9- about the dimensions of the Th G.(~c-:ft: 0-. S~+-b~c."",- . breezeway. e proposed breezeway would 13:ë-ó ft. lJnnlmn ] of the left f>£Jt:: uf LIlt:: pLupeHy J.me-. Mr. Kelley asked if he could construct the breezeway 3 feet smaller. Mr. Danahy disagreed saying that there wouldn't be much of a breezeway if it were made smaller. Mr. Kelley was concerned about crowding the lot. The particular location of the breezeway was discussed at length. Board members agreed there are feasible alternatives. Board members asked Mr. Danahy if he would like to leave out the breezeway and have his application approved based on the garage only. Mr. Danahy wanted the Board to vote on the proposal as presented on the application. Board members expressed their concern on the fact that there would be little or no room for fireman to obtain access to the house in case of a fire. Public Hearing Opened: no comment Public Hearing Closed. Warren County Planning Board recommended approval. Mrs. Goetz MOVED DISAPPROVAL of Area Variance No. 1257, Leo Danahy. There are feasible alternatives in that a 6 foot 9 inch breeze-way with the presently proposed size garage having a 9 foot south side setback would be possible. There seems to be major safety considerations in that fire equipment would have trouble getting access to their property and neighbors. There is an adverse effect on neighborhood. Mr. Sicard seconded. Passed. Unanimously. AREA VARIANCE NO. 1258 Gary R. LaVoy Mrs. Goetz read the application to continue the use of accessory structure (wood deck) with nonconforming setback. Request is for 80 sq. ft. of deck addition to the '- permitted 100 sq. ft. within 50 ft. of the shoreline on the property situated at Fitzgerald Road, Glen 3 321 Lake in a Single Family Residential 30 zone. '- Mike O'Connor, attorney, represented the applicant. Mr. O'Connor stated that he had a procedural problem. Mr. O'Connor stated that the applicant originally submitted the application without an attorney representing him. The applicant did not appear before the Warren County Planning Board at the Municipal Center because he didn't know about the meeting. Because he wasn't present at the meeting, he felt that was why the Board denied the application. He requested to have the Warren County Planning Board rehear his application. Mr. O'Connor stated that Mr. LaVoy has agreed to remove all decking within 50 feet of the lake. The submittal at this point would be for an area variance only with regard to the accessory structure for the room that was part of the former house that was on the property which is approximately 8 feet in width back from the lakeshore and 18 feet long which would make it in access of a permitted accessory structure which is limited to 100 feet. The proposal is that he will fix the wall that is along the front stabilizer and put a permanent or solid roofing system over that room and in fact will then fill over that room and grass, so that it appears as lawn. The only thing that will be visible will be the doorway coming in the side. Warren County Planning Board recommended disapproval. Mr. Muller MOVED to TABLE Area Variance No. 1258, Gary R. LaVoy. The applicant has withdrawn this application and will resubmit an amended application. The applicant is willing to table and refer back to the Warren County Planning Board as an amended application. Mrs. Goetz seconded. Passed. Unanimously. On July 10, 1987 Attorney Michael O'Connor stated to the Planning and Zoning Department that Mr. LaVoy is withdrawing his application and will comply with the Zoning Ordinance. SIGN VARIANCE NO. 1259 Hannaf ord Brothers Co. Super Shop 'n Save Mrs. Goetz read the application for Super Shop 'n Save to erect one more sign (freestanding) than permitted by the Sign Ordinance on the property situated at the corner of Bay and Quaker Roads in a Highway Commercial 15 and Light Industry lA zone. Steve Culver, represented Super Shop 'n Save. He discussed at length his reasons why they need the freestanding sign. He said they propose to put one pylon sign of 64 square feet on the Quaker Road side with a 25 foot setback; a second pylon sign would be 15 feet back from the Bay Road entrance, that would be a 50 foot pylon sign. Also they propose to have two building signs, one 295 square feet on the front of the building and a second one of the same size facing Quaker Road. Mr. Culver said the Super Shop n Save is contiguous in that it touches or is next to two streets. 4 3,,1 Mr. Behr stated that this was not a corner piece of property. "-- Mr. Culver said people will have hard time knowing where the entrance is. Mrs. Goetz disagreed saying that they knew the situation before construction. Mr. Turner said that the Board had addressed the issue of signs when they first came here and that they said they weren't going to approach the Board with that sign. Mr. Culver said that was right. Mrs. Goetz asked why they were here then. Mr. Culver said at that point they were concerned with the approval process and that they would come back before the Board for the signs. He said they didn't want to cloud the two issues at one time. Public Hearing Opened: no comment. Public Hearing Closed. Warren County Planning Board recommended disapproval. The Board felt that a possible directional sign could be used, not to exceed 20 sq. ft., 10-12 ft. in height; this might be more appropriate. Mr.Behr MOVED APPROVAL of Sign Variance No. 1259, Hannaford Brothers Co., Super Shop 'n Save WITH CONDITIONS. Sign number 2, directional sign is to be placed 15 feet minimum from the Bay Road property line in the center between the entrance and exit lanes. Application is amended to include a directional sign at the Bay Road entrance, increasing normal signage allowed from 4 square feet to 6 square feet at a 10 foot height, for safety reasons. This motions includes DENIAL of sign number 2 and 4 in the application. APPROVED sig¥ number 1 and 3, not to exceed 300 square feet on the east side of the building. Mr. Sicard seconded. Passed Unanimously. SIGN VARIANCE NO. 1260 Roger LaFontaine Mrs. Goetz read the application to erect one more sign (freestanding) than permitted by the Sign Ordinance on the property situated on the west side (Route 9), Lake George Road, just south of Martha's Restaurant in a Recreation Commercial 15 zone. Malcolm O'Hara, attorney, represented the applicant. He stated that this is a separate business than that of Martha's Ice Cream and Restaurant. Board members disagreed saying that the business is concentrated on one piece of property all together. Mr. LaFontaine said that he has three separate "doing business as" filed; they are three different businesses. Board members agreed there would be too many signs on the property. Public Hearing Opened: no comment Public Hearing Closed. 5 3~) '-- Warren County Planning Board recommended disapproval as there are too many signs currently existing. Mr. Kelley MOVED DISAPPROVAL of Sign Variance No. 1260, Roger LaFontaine based on presentation and criteria needed to grant the variance. This is considered one business; it has one identification number. This is a self imposed hardship. There are other alternatives. A sign could be presented so that it would be conforming and meet all criteria. A freestanding sign could be designed to meet the size and location requirements. Mr. Muller seconded. Passed Unanimously. USE VARIANCE NO. 1261 Wilder's Garage Mrs. Goetz read the application to continue to operate a business for auto repair and the selling of gasoline in the zone where this use is not permitted on the property situated at 156 River Street, Hudson Falls, NY in a Heavy Industry 3A zone. Board members agreed there didn't seem to be much of problem with the application as this business has been in operation for a long time on this particular lot. Public Hearing Opened: no comment Public Hearing Closed. Warren County Planning Board recommended approval. Mr. Muller MOVED to APPROVE Use Variance No. 1261, Wilder's Garage. The applicant has satisfied all requirements to prove hardship. The size of the property is well under the 3 acres required for Heavy Industrial use. There is no adverse effect on the neighborhood. The history is the property has been the same as the proposed use. Mr. Griffin seconded. Passed. Unanimously. ~ ~AU~ r Theodore Turner, Chairman ,-. The meeting was adjourned at 11:00 p.m. Minutes prepared by Susan Davidsen 6